Me and my fiance are purchasing a 1 bedroom flat in Malmesbury with a mortgage. We have a Malmesbury lawyer, however the mortgage company advise he's not on their "panel". It seems we have no choice but to select one of the bank panel conveyancing practices or retain our Malmesbury solicitor as well as pay for one of their panel firms to act for them. We regard this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Malmesbury conveyancing solicitor to apply to be on the conveyancing panel.
My wife and I have recently purchased a property in Malmesbury. We have noticed several issues with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been carried out for conveyancing in Malmesbury?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Malmesbury. Conveyancing searches and due diligence initiated during the buying process are carried out to help avoid problems. As part of the legal transfer of property, the vendor answers a form called a Seller’s Property Information Form. If the information turns out to be inaccurate, you may have a misrepresentation claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Malmesbury.
We see that you have a search directory identifying law firms on the Coventry BS conveyancing panel. Do firms pay you a referral fee if I appoint them for our conveyancing in Malmesbury?
We are a listing service only for law firms wishing to communicate if they are on the Coventry BS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Malmesbury.
Is it necessary during the course of the conveyancing process to have a meeting at the offices of the solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Malmesbury so that I can attend their offices when needed.
These days approved lawyers for lenders conduct their work through Royal Mail, e-mail or over phone calls. This enables them to undertake the conveyancing transaction regardless of where you live in the country. That being said you should see if you have the option of attending the offices of your conveyancing lawyer if you prefer.
Taking into account that I will soon spend 450k on a terraced house in Malmesbury I would like to have a conversation with the solicitor about mytransaction ahead of giving the go ahead to the firm. Can this be arranged?
Absolutely - we would be delighted to talk to you we do not take any clients on without you speaking to the solicitor who will be conducting your property ownership legalities in Malmesbury.There is no ‘factory style conveyancing’ - each client is an important person, not a matter number. The practices that we put you in touch with believe that the figure you are provided with for residential conveyancing in Malmesbury should be the amount on the final invoice that you are charged.
Can you offer any advice when it comes to finding a Malmesbury conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Malmesbury conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Malmesbury conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be useful:
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How many lease extensions have they conducted in Malmesbury in the last twenty four months? What are the legal fees for lease extension work?
Leasehold Conveyancing in Malmesbury - Examples of Questions you should ask Prior to Purchasing
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How many of the leaseholders are in arrears for their service charge payments? If a Malmesbury lease has less than 80 years it will have adverse implications on the value of the apartment. Check with your bank that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth finding out how much this will be. For most Malmesburylease extensions you would need to own the premises for a couple of years before you are legally able to carry out a lease extension. Please inform me if there are any major works anticipated that will likely increase the maintenance fees?